A STRATEGIC APPROACH TO THE IMPLEMENTATION OF SECTION J, CHAPTER 18, TRANS-PACIFIC PARTNERSHIP AGREEMENT ON INTERNET SERVICE PROVIDERS

Pham Thi Mai Khanh

Abstract

Abstract:
Section J, Chapter 18 of the Trans-Pacific Partnership (TPP) Agreement on Internet
Service Providers (ISP), with the objectives of providing copyright holders with effective
legal remedies against online copyright infringement whereas properly limit the scope of
liability of ISPs for copyright infringements committed through their platforms that they do
not control, initiate or direct. The later objective is to be achieved via the so-called Safe
Harbours for ISPs. To prepare Vietnam for the implementation of ISP provisions of the TPP
Agreement, this paper shall provide: (i) a overview of the evolution of ISP liability regimes
and Safe Harbours (ii) an examination of the legal, technological and economic foundations
for the development of ISP liability regimes and statutory Safe Harbours; (ii) A comparative
comparison among Vietnam’s current limitations on copyright liability of ISP with the Safe
Harbor provisions in TPP Agreement; and (iii) recommendations on a strategic approach
to the implementation of TPP’s Safe Harbor provisions.
Keywords: TPP Agreement, Copyright Infringement, ISP, Copyright Liability, Safe Harbours.